N.Y. Family Court Act § 330.1: Bill of particulars

§ 330.1. Bill of particulars. 1. Definitions. (a) "Bill of

particulars" is a written statement by the presentment agency

specifying, as required by this section, items of factual information

which are not recited in the petition and which pertain to the offense

charged and including the substance of each respondent's conduct

encompassed by the charge which the presentment agency intends to prove

at a fact-finding hearing on its direct case, and whether the

presentment agency intends to prove that the respondent acted as

principal or accomplice or both. However, the presentment agency shall

not be required to include in the bill of particulars matters of

evidence relating to how the presentment agency intends to prove the

elements of the offense charged or how the presentment agency intends to

prove any item of factual information included in the bill of

particulars.

(b) "Request for a bill of particulars" is a written request served by

respondent upon the presentment agency, without leave of the court,

requesting a bill of particulars, specifying the items of factual

information desired, and alleging that respondent cannot adequately

prepare or conduct his defense without the information requested.

2. Bill of particulars upon request. Upon a timely request for a bill

of particulars by a respondent against whom a petition is pending, the

presentment agency shall within fifteen days of the service of the

request or as soon thereafter as is practicable, serve upon the

respondent or his or her attorney and file with the court, the bill of

particulars, except to the extent the presentment agency shall have

refused to comply with the request pursuant to subdivision four of this

section. If the respondent is detained, the court shall direct the

filing of the bill of particulars on an expedited basis and prior to the

commencement of the fact-finding hearing.

3. Timeliness of request. A request for a bill of particulars shall be

timely if made within thirty days after the conclusion of the initial

appearance and before commencement of the fact-finding hearing. If the

respondent is not represented by counsel, and has requested an

adjournment to retain counsel or to have counsel appointed, the

thirty-day period shall commence, for the purposes of a request for a

bill of particulars by the respondent, on the date counsel initially

appeared on respondent's behalf. However, the court may direct

compliance with a request for a bill of particulars that, for good cause

shown, could not have been made within the time specified.

4. Request refused. The presentment agency may refuse to comply with

the request for a bill of particulars or any portion of the request for

a bill of particulars to the extent it reasonably believes that the item

of factual information requested is not authorized to be included in a

bill of particulars, or that such information is not necessary to enable

the respondent adequately to prepare or conduct his defense, or that a

protective order would be warranted or that the demand is untimely. Such

refusal shall be made in a writing, which shall set forth the grounds of

such belief as fully as possible, consistent with the reason for the

refusal. Within fifteen days of the request or as soon thereafter as

practicable, the refusal shall be served upon the respondent and a copy

shall be filed with the court.

5. Court ordered bill of particulars. Where a presentment agency has

timely served a written refusal pursuant to subdivision four of this

section and upon motion, made in writing, of a respondent, who has made

a request for a bill of particulars and whose request has not been

complied with in whole or in part, the court must, to the extent a

protective order is not warranted, order the presentment agency to

comply with the request if it is satisfied that the items of factual

information requested are authorized to be included in a bill of

particulars, and that such information is necessary to enable the

respondent adequately to prepare or conduct his defense and, if the

request was untimely, a finding of good cause for the delay. Where a

presentment agency has not timely served a written refusal pursuant to

subdivision four of this section the court must, unless it is satisfied

that the presentment agency has shown good cause why such an order

should not be issued, issue an order requiring the presentment agency to

comply or providing for any other order authorized by subdivision one of

section 331.6.

6. Motion procedure. A motion for a bill of particulars shall be made

as prescribed in section 332.1. Upon an order granting a motion pursuant

to this section, the presentment agency must file with the court a bill

of particulars, reciting every item of information designated in the

order, and serve a copy thereof upon the respondent. Pending such filing

and service, the fact-finding hearing is stayed.

7. Protective order. (a) The court may, upon motion of the presentment

agency, or of any affected person, or upon determination of a motion of

respondent for a court-ordered bill of particulars, or upon its own

initiative, issue a protective order denying, limiting, conditioning,

delaying or regulating the bill of particulars for good cause, including

constitutional limitations, danger to the integrity of physical evidence

or a substantial risk of physical harm, intimidation, economic reprisal,

bribery or unjustified annoyance or embarrassment to any person or an

adverse effect upon the legitimate needs of law enforcement, including

the protection of the confidentiality of informants, or any other factor

or set of factors which outweighs the need for the bill of particulars.

(b) An order limiting, conditioning, delaying or regulating the bill

of particulars may, among other things, require that any material copied

or derived therefrom be maintained in the exclusive possession of the

attorney for the respondent and be used for the exclusive purpose of

preparing for the defense of the juvenile delinquency proceeding.

8. Amendment. At any time before commencement of the fact-finding

hearing, the presentment agency may, without leave of the court, serve

upon respondent and file with the court an amended bill of particulars.

At any time during the fact-finding hearing, upon application of the

presentment agency and with notice to the respondent and an opportunity

for him to be heard, the court must, upon finding that no undue

prejudice will accrue to respondent and that the presentment agency has

acted in good faith, permit the presentment agency to amend the bill of

particulars. Upon any amendment of the bill of particulars, the court

must, upon application of respondent, order an adjournment of the

fact-finding hearing or any other action it deems appropriate which may,

by reason of the amendment, be necessary to accord the respondent an

adequate opportunity to defend.